Joseph Wilson was sentenced to death by the State of Alabama for the murders of four people. According to court documents Joseph Wilson would fatally shoot four people following an argument over a stolen cell phone. Joseph Wilson would be arrested, convicted and sentenced to death
Joseph Smith 2022 Information
Inmate:
WILSON, JOSEPH MICHAEL
AIS:
0000Z640
Institution:
HOLMAN PRISON
Joseph Smith More News
A Madison County judge will consider a petition for a new trial by Joey Wilson, who was convicted and given a death sentence for the infamous 1996 Huntsville cell phone murders.
Wilson’s petition to overturn his conviction, alleging ineffective assistance by his attorneys during his 1998 trial, was thrown out by a Madison County Circuit Court in 2002. But it was ordered sent back to the Madison County Circuit Court by the Alabama Court of Criminal Appeals in 2005. Wilson’s post-conviction appeal has languished since that 2005 ruling.
Judge Donna Pate now has the case and held a status conference today to identify the outstanding issues before the court.
Wilson was charged with Nicholas Acklin and another man in the fatal shootings of four people on Sept. 25, 1996 and the wounding of two others at a home on University Drive. The shootings followed a previous incident where someone in the home had reported to the Madison County Sheriff’s Department that Wilson had stolen his cell phone.
Acklin and Wilson were both convicted in 1998 and received death sentences, the third man, Corey Johnson, who did not fire a shot, was released from prison in 2011 after serving a 15-year sentence on a felony murder charge.
Wilson and Acklin remain and death row. Acklin is also appealing his conviction and sentence, arguing his attorneys did not adequately represent him which prevented him from getting a fair trial.
There are currently three amended petitions filed by Wilson’s attorneys arguing that his attorney did not provide an adequate defense and a fourth petition has been filed. The court is expected to first rule on whether the most recent petition is valid, before taking up the previous petitions.
David Wilson was sentenced to death by the State of Alabama for the murder of an elderly man. According to court documents David Wilson would break into the victims home and beat the man with a baseball bat before strangling him with a cord. David Wilson would be arrested, convicted and sentenced to death
David Wilson 2022 Information
Inmate:
WILSON, DAVID PHILLIP
AIS:
0000Z748
Institution:
HOLMAN PRISON
David Wilson More News
man convicted of capital murder in the 2004 beating death of a 64-year-old cancer patient is challenging his death sentence on multiple grounds, but state prosecutors believe a judge and jury relied on overwhelming evidence in seeking death and that the challenge should be dismissed.
Hearings were held Tuesday in the case of David Phillip Wilson, who was convicted and sentenced to death in 2008 for the killing of Dewey Walker in April 2004. Wilson and others were convicted in connection with Walker’s death, but prosecutors alleged it was Wilson who beat Walker with a baseball bat and used a cord to strangle Walker during the murder.
Wilson was charged with murder in the course of a robbery and murder in the course of a burglary, both of which made Wilson eligible for the death penalty. Prosecutors also argued at trial that the circumstances surrounding Walker’s death were particularly heinous, atrocious and cruel, an aggravating factor juries and judges can use when considering death for a defendant.
Wilson, through his attorney David Schoen of Montgomery, argued there were significant arguments that could have been made at trial by Wilson’s then-defense attorneys that may have persuaded a jury and/or judge to conclude the death penalty was not applicable or reasonable.
Schoen made several arguments Tuesday, including:
» A co-defendant, Catherine Corley, wrote a letter from jail claiming she – and not Wilson – may have delivered the fatal blows to Walker. Schoen argued that defense counsel did not have Corley’s letter at the time of the 2008 trial and certainly would have used it to craft a defense that may have allowed Wilson to avoid the death penalty.
Alabama Assistant Attorney General Richard Anderson argued that defense counsel did have a police report that alluded to the Corley letter, and the mere receipt of the police report by defense counsel barred Wilson from being able to make a post-conviction claim.
» Ineffective assistance of counsel. Schoen recited several instances in which Wilson’s attorneys should have made arguments beneficial to the case. Schoen cited trial testimony about blood spatters from a Dothan police sergeant who worked the crime scene. Schoen said counsel should have objected to the blood splatter testimony because a police sergeant is not a blood splatter expert. Schoen said the testimony was used by prosecutors to argue the crime was particularly heinous, atrocious and cruel.
Further, Schoen argued that counsel should have challenged the police sergeant about the blood testimony itself. Schoen said defense counsel should have asked if samples of the blood were collected and tested to indicate if, in fact, the material believed to be blood was actually blood.
Schoen also said counsel should have hired a DNA expert to test the bat used in the crime as well as gloves Wilson wore during commission of the crime to determine whether any of Wilson’s DNA could be found on the bat.
Schoen said the arguments that should have been raised go to the heart of the case against Wilson.
“Did he kill Walker? Did he intend to kill Walker? Did he act in a heinous, atrocious and cruel manner?” Schoen said during arguments in front of Circuit Judge Kevin Moulton on Tuesday.
Schoen further argued Wilson’s statement to police should have been suppressed because of his mental state at the time and that police did not have probable cause to come into Wilson’s home to detain Wilson after the crime.
Anderson argued that preceding case law favors the prosecution and that, even if some of Wilson’s claims survive, there is overwhelming evidence to suggest Wilson participated in the murder and that it occurred during a robbery and burglary, which would make him eligible for the death penalty.
A police investigation revealed Walker’s custom van, replete with stereo equipment estimated to be worth $20,000, was missing. A search for the van and the stereo equipment led investigators to Matthew Marsh. Investigator Tony Luker interviewed Marsh, and then interviewed Catherine Corley and another person named Michael Jackson. These interviews led Luker to Wilson
Marsh, Corley and Jackson all pleaded guilty to their roles in the murder.
Walker was suffering from cancer at the time of the murder.
Larry Whitehead was sentenced to death by the State of Alabama for the murder of a police officer. According to court documents Larry Whitehead was arrested and charged for a large theft that if he was convicted on could send him to prison for life. Larry Whitehead and two accomplices went to the home of a police officer who arrested Whitehead on the theft charges and would shoot and kill the officer. Larry Whitehead would be arrested, convicted and sentenced to death
Larry Whitehead 2022 Information
Inmate:
WHITEHEAD, LARRY WAYNE
AIS:
0000Z607
Institution:
HOLMAN PRISON
Larry Whitehead More News
Larry Whitehead was an employee at Hudson Foods, Inc. He had been punching his time card when he arrived at work, leaving immediately thereafter, and then returning to work and punching the time card to indicate he had worked a full day. Whitehead’s codefendants, James Matthew Hyde and Stephen Brookshire, had, on several occasions, helped Whitehead with his scheme to be paid without actually working, by punching Whitehead’s time card for him, thus clocking him in and out of work. Hudson Foods eventually became aware of Whitehead’s scheme, and Detective Andrew Whitten of the Albertville Police Department was assigned to investigate Whitehead and the theft allegations Hudson Foods had made against him. Whitten interviewed Whitehead concerning the theft allegations, and he was eventually arrested and charged with theft of property in the first degree. Specifically, he was charged with stealing approximately $12,000 from Hudson Foods.
At the time of his arrest, Larry Whitehead was on parole for a prior felony conviction. A parole revocation hearing was held, and Whitten testified at that hearing concerning his investigation of the Hudson Foods theft case. Upon conclusion of the hearing, however, Whitehead’s parole was not revoked. Approximately one month later, in September 1994, Whitehead was indicted for theft of property in the first degree. Whitten testified before the grand jury that indicted Whitehead concerning his investigation of the theft charges. Whitten was also subpoenaed to testify at Whitehead’s trial, which was set to begin on January 30, 1995. Whitten was shot on January 24, 1995, and on January 25, 1995, he died from injuries he sustained in the shooting.
Whitehead’s codefendant Stephen Brookshire testified that Whitehead approached him on the morning of January 24, 1995, and asked him if he would “drive for him” later that night, telling Brookshire that he had to “get rid of his witness.” (R. 1403.) Brookshire knew that Whitehead had been charged with theft. In fact, Brookshire testified at Whitehead’s parole revocation hearing to the effect that he had clocked Whitehead in and out of work on several occasions.
According to Brookshire, Larry Whitehead and Hyde came to his mobile home on the evening of January 24, 1995, and at approximately 9:00 p.m. that night, the three men left in an automobile, with Brookshire driving. Brookshire testified that they drove to Whitten’s neighborhood, and he parked the car near Whitten’s house and turned off the headlights. Brookshire further testified that Hyde got out of the car and that Whitehead told him, “Don’t mess up.” (R. 1416.) Brookshire stated that Hyde had been gone for several minutes when he heard a single gunshot. According to Brookshire, Hyde came running back to the car, jumped in, and repeatedly told Whitehead that he was “sorry” because Whitten was not dead. Brookshire stated that Hyde told Whitehead that he was able to shoot Whitten only once because, after the first shot, his gun had jammed. Brookshire testified that Whitehead told Hyde it was okay, “we’ll get him later.” (R. 1419.) Brookshire stated that he knew when they left his mobile home that night that they were going to “get rid of” Whitehead’s witness; however, he stated that he did not know the identity of the witness.
Numerous witnesses for the State testified that Whitehead talked frequently about filing a multimillion-dollar civil lawsuit against Hudson Foods for making false allegations of theft against him. On numerous occasions, Whitehead was heard by these witnesses saying that Whitten was the only witness in the theft case and that if Whitten was “out of the way,” he would be acquitted and he could win the civil lawsuit. Wanda Self, Whitehead’s girlfriend, with whom he was living at the time of the murder, testified that shortly after the murder, Whitehead told her that “the deed was done.” (R. 1136.) There was further testimony that Whitehead had said, with regard to his upcoming trial on the theft charges, that he would “shoot up the courtroom with Andy Whitten in it.” (R. 1278.)
There was also testimony from one of Whitten’s neighbors that, several days before the murder, a man knocked on his door wanting to know where Whitten lived. Wanda Self and her daughter both testified that they were with Whitehead several days before the murder when he was looking for Whitten’s house and knocked on the door of a house near Whitten’s to find out where Whitten lived.
Randall Ogle testified that on January 25, 1995, Whitehead asked him to get rid of a .380 caliber semiautomatic pistol, the same type of weapon used to kill Whitten. Ogle stated that he threw the gun in a river. The police were unable to find the gun.
Also, several witnesses who saw Hyde shortly before he left with Whitehead and Brookshire on the evening Whitten was killed testified that Hyde was wearing a blue sweatshirt-type jacket and baseball cap on that night. Further testimony revealed that shortly after the murder, on the same night, Hyde was seen putting a blue sweatshirt-type jacket and a baseball cap into a white plastic bag; the jacket and the cap had been torn into pieces. The testimony revealed that Hyde threw the plastic bag into a river. The police found that plastic bag containing the items of clothing on the day after Whitten’s murder.
Whitehead did not testify at his trial; however, his testimony from Hyde’s trial was read into evidence at his trial. At Hyde’s trial, Whitehead testified that he, and not Hyde, had killed Whitten. Whitehead stated that when they went to Whitten’s house on the night of the shooting, Hyde and Brookshire thought that they were going to a drug dealer’s house to buy drugs. After the State rested its case, the defense called no witnesses.
Vernon Yancey was sentenced to death by the State of Alabama for the murder of store clerk. According to court documents Vernon Yancey would shoot and kill a store clerk during a robbery. Vernon Yancey would be arrested, convicted and sentenced to death
Vernon Yancey 2022 Information
Inmate:
YANCEY, VERNON LAMAR
AIS:
0000Z618
Institution:
HOLMAN PRISON
Vernon Yancey More News
The State’s evidence tended to show that on March 23, 1995, Mattie “Pee-Wee” Sports was shot and killed with a sawed-off shotgun in Tyler’s Grocery Store where she worked as a cashier. On the night of the murder, at approximately 10:30 p.m., Sports and Lisa Navas, Sport’s daughter-in-law, were working at Tyler’s store when a customer entered. Approximately 10 minutes later, as the customer was leaving the parking lot of the store, he witnessed Yancey walking in the direction of the store and then turn away from the store. He was wearing only blue jeans; he was not wearing a shirt. Approximately five minutes after the customer left the store, a man wearing an orange ski mask and gloves and carrying a sawed-off shotgun, which was concealed by a raincoat entered the store. He walked directly toward Sports, pointed the shotgun at her, and fired it once, shooting her in the face from close range. She was killed instantly. Navas attempted to run to the bathroom and lock the door, but the man chased her and prevented her from doing so. He demanded money from her, and Navas gave him money from one of the cash registers,2 as well as money that was kept inside a Benson and Hedges brand carton of cigarettes. The man appeared to know that there was more money in the store than what was in the cash register. The owner the store later testified that approximately $1,500 was taken during the robbery. As Navas knelt down to obtain the money, she looked up and recognized the man as a frequent customer of the store, because the ski mask was loose and did not completely cover his face. She testified that she recognized his eyes and that she could clearly see his face. She stated that she then averted her eyes because she feared that he would realize that she had recognized him. The man took the money and ran from the store. Navas, who was then lying on the floor by the victim, pushed a silent alarm button and called emergency 911 and waited for the police. She described the robber as wearing blue jeans but no shirt. She further informed the police that the store operated a security video tape, which was located in the owner’s office and which filmed the store at all times from behind the counter. The police telephoned the owner of the store and asked to view the security tape. The owner recognized the robber as a frequent customer and, although he could not recall his name, told the police that he worked for Rusco Plumbing, a business located close to the store. He stated that he knew of this employment because he often cashed payroll checks for the man. The owner stated that the man was easily identifiable because of his walk, which resembled that of a penguin. The police were subsequently able to identify Yancey after speaking with his employer. It was determined that Yancey lived on Rise Road, which was located very near the store and, in the course of searching the area surrounding the store following the crime, officers traveled down a path that lead to Rise Road. In doing so, they recovered an orange ski mask, which was subsequently identified by Yancey’s coworkers as belonging to him; paper straps containing money and loose dollar bills; unspent shotgun shells; a green raincoat; an empty Benson and Hedges brand cigarette carton; and a pair of gloves with the word “Buck” written on them. Yancey’s coworkers also testified that they had seen him with these gloves before the murder, and the owner of the gloves identified them and stated that he had lost them on a job site where Yancey was also working. Under an abandoned house close to Yancey’s home, officers found shotgun shells and a shotgun with a sawed-off barrel which was later determined to have fired the spent shotgun shell through the right barrel. A witness who also had lived on Rise Road close to Yancey’s house testified that the shotgun had belonged to him and that it had been stolen from his house. He testified that, when he heard of the offense, he checked to see if the shotgun was missing and determined that it was gone. Another witness testified that he had recently loaned Yancey his hacksaw, which Yancey had returned to him a few days before the murder.
Yancey was arrested at his house; he had to be subdued with the use of pepper spray. A police officer testified that he noticed a bruise on Yancey’s torso at the level of his bicep; an expert witness for the State testified that such a bruise might be consistent with an injury caused from firing a sawed-off shotgun. A hair sample was taken from Yancey to compare with hairs found inside the ski mask, and they were determined to be consistent with Yancey’s hair.
Yancey did not testify during the guilt phase at trial. However, the defense presented the testimony of Yancey’s mother, who stated that Yancey was at home at the time of the offense.
John Ward was sentenced to death by the State of Alabama for the murder of his infant. According to court documents the infant mother would call 911 stating that the infant was not breathing. The ambulance attempted to resuscitate the infant to no avail. The doctor examined the infant and had determined the infant had been deceased for sometime. Upon autopsy the doctors detailed a number of injuries to the infant and shortly after John Ward would be arrested, convicted and sentenced to death
John Ward 2022 Information
Inmate:
WARD, JOHN MICHAEL
AIS:
0000Z653
Institution:
HOLMAN PRISON
John Ward More News
“On April 22, 1997, at 7:28 A.M. an operator at the Baldwin County 911 Center received a call from Michelle Milner Ward, who stated that her baby was not breathing. Ten minutes later paramedics arrived at the Wards’ residence, a 16′ x 7′ travel trailer. After receiving Nicholas Ward’s body from John Michael Ward (hereinafter ‘Ward’) the paramedics attempted resuscitation by intubation while en route to the South Baldwin Regional Medical Center. The emergency room attending physician, Dr. Robert Revel, examined the infant determining that he was not breathing, had no pulse, was cold to the touch and had rigor mortis. The doctor pronounced the child dead on arrival. In addition to the lack of vital signs, Dr. Revel observed abrasions on Nicholas’s scalp, nose and mouth area, pus-like material in his eyes, blood in the ears, bruises on the neck and chest, stool in the diaper, a deformity on his right arm, and crusty material in some nail beds.
“After the examination, Dr. Revel interviewed both parents. The father stated that Nicholas had been struck on the head by a folding chair falling from a shelf and that the baby had had breathing problems later in the day. The mother had wanted to seek medical attention, but that the father did not think it necessary.
“Dr. Harold Reed, a pediatrician, answered the code call in the emergency room. He testified that he also examined the body and found the internal body temperature was 88 degrees.
“Because foul play was suspected, hospital personnel contacted the Baldwin County Sheriff’s office. Officer John Stewart arrived first and was followed by Chief Investigator Huey Mack, Jr. Officer Mack also observed abrasions on Nicholas’s forehead, nose and mouth, bruises on the chest and arm, and missing toenails. He notified the Baldwin County coroner and the Department of Forensic Science of the unnatural death. Mr. Mack testified that the mother appeared to be upset during the administration of the last rites, but Ward was emotionless.
“Investigator Mack left the hospital and met Chuck Machette, a caseworker with the Baldwin County Department of Human Resources at the Ward residence. The crime scene was photographed and videotaped. Ward and his wife participated in the taping. Mack took into his possession a blood-stained pillow from the bed where the parents said Nicholas had been sleeping the night before. Subsequent DNA testing revealed the blood belonged to Nicholas.
“Dr. James Downs, the state medical examiner, performed the autopsy on Nicholas. He photographed and videotaped the body during the course of the autopsy. The pictures recorded the various injuries to the baby’s body. From the autopsy procedure, Dr. Downs concluded that Nicholas had been an infant that failed to thrive. In addition, the child suffered multiple fractures to the arms and ribs and damage to the toenails and fingernails. He opined that Nicholas suffered a spiral fracture of the right arm the day before death. Dr. Downs determined the cause of death to be multiple blun-t force injuries and suffocation.
“Michelle Milner Ward testified that early in her relationship with Ward he placed his hand over her mouth and threatened to suffocate her. Ward continued to physically abuse his wife throughout the marriage.
“Nicholas was born in December 1996, as the second child of her marriage to Ward. In January 1997, Mrs. Ward fled to her mother’s home in Mobile, taking Nicholas and his sister, [A.W.]. After remaining there one month, Mrs. Ward and the children moved to Penelope House, a Mobile County Shelter for battered women. After one month there, the mother and children returned to Ward’s trailer in Magnolia Springs. Ward inflicted numerous injuries on his four month old son and murdered him by suffocation in the early morning hours of April 22, 1997.”
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